The American and English Railroad Cases: A Collection of All the Railroad Cases in the Courts of Last Resort in America and EnglandLawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson Edward Thompson Company, 1881 Covers cases decided [1879?]-1895. |
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... opinion that the rulings of the learned judgę below were right . Judgment affirmed . Per Curiam . GREEN , J. , absent . See Cauley v . R. R. Co. , next case . CAULEY v . PITTSBURG , CINCINNATI & ST . LOUIS RAILWAY Co. ( Advance Case ...
... opinion that the rulings of the learned judgę below were right . Judgment affirmed . Per Curiam . GREEN , J. , absent . See Cauley v . R. R. Co. , next case . CAULEY v . PITTSBURG , CINCINNATI & ST . LOUIS RAILWAY Co. ( Advance Case ...
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... opinion upon the merits to avoid having our time occupied with the cases again . But we will not enter judgment . Writ quashed . TRUNKEY and STERRETT , JJ . , concur in quashing the writ , but not in the opinion , from which they ...
... opinion upon the merits to avoid having our time occupied with the cases again . But we will not enter judgment . Writ quashed . TRUNKEY and STERRETT , JJ . , concur in quashing the writ , but not in the opinion , from which they ...
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... opinion , that question does not arise in this case . The gist of the complaint is that appellant knowingly hired the minor son of appellee , and did against his known will , and the evidence fairly supports the complaint . The question ...
... opinion , that question does not arise in this case . The gist of the complaint is that appellant knowingly hired the minor son of appellee , and did against his known will , and the evidence fairly supports the complaint . The question ...
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... opinion . B. E. Perry and C. P. Gorely , for the plaintiff : The question of due or ordinary care is one to be determined by a jury , not the court , unless in those cases where the facts so fully appear that no inferences of fact ...
... opinion . B. E. Perry and C. P. Gorely , for the plaintiff : The question of due or ordinary care is one to be determined by a jury , not the court , unless in those cases where the facts so fully appear that no inferences of fact ...
Страница 36
... opinion by PAXSON , J. - My objections to this judgment may be briefly stated . It is a conceded fact that the plaintiff was injured whilst standing on the rear plat- form of the car , and that he would not have been injured had he been ...
... opinion by PAXSON , J. - My objections to this judgment may be briefly stated . It is a conceded fact that the plaintiff was injured whilst standing on the rear plat- form of the car , and that he would not have been injured had he been ...
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accident action affirmed aforesaid agent alleged Allen appellant appellee applied authority Barb bonds Boston brakeman cars cause Central R. R. charge charter Chicago claimed commissioners common carriers compensation complainants conductor Constitution construction contract contributory negligence corporation court crossing damages danger deceased defect defendant defendant's depot duty eminent domain employees engine entitled Erie R. R. evidence exercise fact Fishkill freight granted held Illinois injury instruction Iowa issue judgment judicial remedy jury land legislature liable Lord Chelmsford Mass Missouri mortgage motion negligence per se obligation opinion owner Pacific R. R. pany party passed passenger payment person plaintiff in error platform present purpose question railroad company railway company reason recover remedy Rhode Island River road rule servant Smith statute street subscription thereof tion town town of Ellicott track train trial ultra vires verdict
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Страница 591 - No county, city, town or village shall hereafter give any money or property, or loan its money or credit to or in aid of any individual, association or corporation, or become directly or indirectly the owner of stock in, or bonds of, any association or corporation ; nor shall any such county, city, town or village be allowed to incur any indebtedness except for county, city, town or village purposes.
Страница 599 - Gray, 84, is applicable, that if the different parts 'are so mutually connected with and dependent on each other, as conditions, considerations or compensations for each other, as to warrant a belief that the legislature intended them as a whole, and that, if all could not be carried into effect, the legislature would not pass the residue independently, and some parts are unconstitutional, all the provisions which are thus dependent, conditional or connected, must fall with them.* Or, as the point...
Страница 144 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Страница 95 - The general rule, resulting from considerations as well of justice as of policy, is, that he who engages in the employment of another for the performance of specified duties and services, for compensation, takes upon himself the natural and ordinary risks and perils incident to the performance of such services, and in legal presumption, the compensation is adjusted accordingly.
Страница 622 - ... no such company shall make or give any undue or unreasonable preference or advantage to or in favour of any particular person or company, or any particular description of traffic, in any respect whatsoever...
Страница 294 - No law shall be passed by the general assembly granting the right to construct and operate a street railroad within any city, town or incorporated village, without requiring the consent of the local authorities having the control of the street or highway proposed to be occupied by such street railroad.
Страница 445 - No corporation shall be created by special laws, or its charter extended, changed or amended, except those for charitable, educational, penal or reformatory purposes, which are to be and remain under the patronage and control of the state, but the general assembly shall provide, by general laws, for the organization of all corporations hereafter to be created.
Страница 507 - States nearest to the tiers of sections above specified, so much land in alternate sections or parts of sections, designated by odd numbers, as shall be equal to such lands as the United States have sold, reserved, or otherwise appropriated...
Страница 39 - ... in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not whether there Is literally no evidence, but whether there Is any upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the onus of proof is imposed.
Страница 632 - That all railway companies desiring to use said bridge shall have and be entitled to equal rights and privileges in the passage of the same, and in the use of the machinery and fixtures thereof, and of all the approaches thereto...